Luzerne County’s Office of Law has investigated and concluded no deadline was missed in the filing of a Government Study Commission referendum council had approved for the April 23 primary election ballot, according to an email county Chief Solicitor Harry W. Skene sent to council Thursday.
State law says a certified copy of council’s ordinance authorizing the referendum must be filed with the county election board within five days after the ordinance enactment.
A council majority approved the ordinance Oct. 24, but it was not time-stamped as received by the election bureau until Dec. 5.
The ordinance itself said it takes effect in 15 days and acknowledged the state law filing requirement, directing the council clerk to file it with the election bureau within five days of final enactment.
The underlying concern was that a late filing technicality could put the legality of the referendum’s placement on the April 23 ballot at risk.
But Skene told council Thursday the effective date of the ordinance was not 15 days after council’s vote. Instead, he referred to ordinance wording that says the effective date is 15 days “from the date of proper execution” by the council chair and vice chair and the council clerk.
The council clerk (currently Sharon Lawrence) provides the final signature on the ordinance, Skene said.
The clerk signed the ordinance on Dec. 2 “after learning that, at some time earlier, the chair and vice chair signed it,” Skene wrote.
“Therefore, the ordinance was filed within five days after it became final,” Skene wrote.
Skene noted signatures are not dated on county ordinances and resolutions — a practice he said the county should consider changing going forward.
The council-approved referendum simultaneously asks county voters if they want to convene a study commission and to elect seven citizens to serve on the panel. The selected residents would only serve if the referendum passes.
Study commissions have 18 months to decide if a change in government is warranted and, if so, prepare a recommendation on how to proceed.
The study commission would be free to recommend no change, revision of the current home rule charter, a switch to a new charter or a return to the prior government system in which three elected commissioners and multiple row officers handled decisions that now rest with an 11-member council and appointed manager.
Voters would have to approve a recommended change for it to take effect.
Citizens interested in running for the study commission can start seeking nomination petition signatures on Jan. 23.